Powers of Criminal Courts (Sentencing) Act 2000

4 Committal for sentence on indication of guilty plea to offence triable either way. E+W

(1) This section applies where—

(a) a person aged 18 or over appears or is brought before a magistrates’ court (“the court”) on an information charging him with an offence triable either way (“the offence”);

(b) he or his representative indicates that he would plead guilty if the offence were to proceed to trial; and

(c) proceeding as if section 9(1) of the M1 Magistrates’ Courts Act 1980 were complied with and he pleaded guilty under it, the court convicts him of the offence.

(2) If the court has [F1 sent] the offender to the Crown Court for trial for one or more related offences, that is to say, one or more offences which, in its opinion, are related to the offence, it may commit him in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with section 5(1) below.

(3) If the power conferred by subsection (2) above is not exercisable but the court is still to inquire, as examining justices, into one or more related offences—

(a) it shall adjourn the proceedings relating to the offence until after the conclusion of its inquiries; and

(b) if it commits the offender to the Crown Court for trial for one or more related offences, it may then exercise that power.

(4) Where the court—

(a) under subsection (2) above commits the offender to the Crown Court to be dealt with in respect of the offence, and

(b) does not state that, in its opinion, it also has power so to commit him under section 3(2) above,

section 5(1) below shall not apply unless he is convicted before the Crown Court of one or more of the related offences.

(5) Where section 5(1) below does not apply, the Crown Court may deal with the offender in respect of the offence in any way in which the magistrates’ court could deal with him if it had just convicted him of the offence.

(6) Where the court commits a person under subsection (2) above, section 6 below (which enables a magistrates’ court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly.

(7) For the purposes of this section one offence is related to another if, were they both to be prosecuted on indictment, the charges for them could be joined in the same indictment.

Textual Amendments

F1 Word in s. 4(2) substituted by 2003 c. 44 Sch. 3 para. 24(4A) (as inserted) (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(1)(a), Sch. 13 para. 10

Marginal Citations

M1 1980 c. 43.